I received a call this week from a very kind, smart lady who was calling on behalf of her Aunt who was the victim of nursing home negligence. The lady told me – “I want to be upfront with you, this happened in 2006.” “When in 2006?” I asked. “May 14” she replied.
YIKES. In ALL states there is a statute of limitations to when you can file a lawsuit. A statute of limitation is essentially a deadline – usually 2 years from the date of the accident, you must have the lawsuit filed in the appropriate court, or you will lose your right to pursue your claim.
It takes our office (which is very efficient) at least 4 weeks to evaluate a lawsuit, before we even get experts involved. When experts support the claim, then and only then do we file the lawsuit. (In Virginia, you must have an expert in order to serve the lawsuit. Proceeding without expert support will get the attorney in trouble, and the case thrown out).
So I had to explain to this nice lady, there was NO WAY we could help her. No way to get all medical records in 1 week, review the case, find an expert, have them do a good review of the records, and draft the lawsuit.
So please – if you think you may have a case, do not wait, call right away. Even 2 months may not be enough time to evaluate a good case, and get it ready for filing.